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Patents - Technetix BV and others v Teleste Ltd

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Jane Lambert

Intellectual Property Enterprise Court (HH Judge Hacon) Technetix BV and others v Teleste Ltd [2019] EWHC 126 (IPEC) (29 Jan 2019)

This is another case in which HH Judge Hacon applied the reasoning of the Supreme Court in Actavis UK Ltd and others v Eli Lilly and Company017] Bus LR 1731, [2017] RPC 21, [2017] UKSC 48, the Court of Appeal's in Icescape Limited v Ice-World International BV [2018] EWCA Civ 2219, and his own in Regen Lab SA v Estar Medical Ltd [2019] EWHC 63 (Pat).  I have discussed those cases in The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important13 July 2017, Patents Icescape Ltd v Ice-World International BV11 Feb 2019 and Patents - Regen Lab SA v Estar Medical Ltd. 24 Jan 2019He also discussed the possible existence of a Formstein defence in English law.

Summary
This was a claim by Technetix BV and its licensees ("Technetix") against Teleste Ltd. ("Teleste") for a…

Patents Icescape Ltd v Ice-World International BV

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Jane Lambert

Court of Appeal (Lord Kitchin, Lord Justices Floyd and Longmore)  Icescape Ltd v Ice-World International BV and Another: [2018] EWCA Civ 2219

The importance of this case is that it interprets, applies and possibly extends the Supreme Court's judgment in Eli Lilly v Actavis UK Ltd and Others [2017] Bus LR 1731, [2017] RPC 21, [2017] UKSC 48 which I discussed in The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important13 July 2017.

Summary 
This case started as a threats action.  The defence was that the threats were justified because the patent in suit had been infringed. That prompted a claim for a declaration of non-infringement and revocation of that patent to which there was a counterclaim for infringement.  Those actions and the counterclaim came on for trial before Mr John Baldwin QC who sat as a deputy judge of the High Court inIcescape Ltd v Ice-World International BV and another[2017] EWHC 42 (Pat) 23…

A New British Geographical Indications Regime after Brexit

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Jane Lambert

In Geographical IndicationsI quoted the WIPO definition of a geographical indication ("GI") as  "a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin".   I also stated that the UK has an international obligation to protect such signs under art 22 (2) of the TRIPS Agreement which is annexed to the WTO Agreement as Annex 1C. In Geographical Indications after Brexit6 Oct 2018 NIPC Branding I noted that this country had discharged that obligation through EU legislation and that the UK will need to establish its own GI regime in order to comply with art 22 (2) TRIPS whether it leaves the EU with or without a withdrawal agreement.  On 5 Fev 2019 the Department for Environment, Food and Rural Affairs ("DEFRA") published Protecting food and drink names if there's no Brexit dealstating what food and drink producers with GI protection need to know if the UK leaves the EU …

Patents - Regen Lab SA v Estar Medical Ltd

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Jane Lambert

Patents Court (HH Judge Hacon) Regen Lab SA v Estar Medical Ltd and others [2019] EWHC 63 (Pat) (18 Jan  2019)

This was a claim by Regen Lab SA ("Regen") against the Israeli company, Estar Technologies Ltd., and the British companies, Medira Ltd, and Lavender Medical Ltd. for patent infringement.  The defendants counterclaimed for revocation of the patent alleged to have been infringed on grounds of anticipation, obviousness and insufficiency.

The Patent
The patent alleged to have been infringed was for a method for the preparation of platelet-rich plasma ("PRP") for unprocessed use and combination thereof with skin and bone cells. It was granted by the European Patent Ofice under publication number EP2073862. Judge Hacon described the invention at paragraph [13] of his judgment:

"The patented method involves taking blood from a patient and transferring it to a tube containing a thixotropic gel and an anticoagulant. The blood and gel are centrifuge…

The New Trade Marks Law

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Jane Lambert

On 16 Dec 2015 the President of the European Parliament and the President of the European Council signed Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (Text with EEA relevance) OJ L 336, 23.12.2015, p. 1–26 ("the directive"). Art 55 of the directive repeals Directive 2008/95/EC with effect from 15 Jan 2019 while art 54 requires member states including the UK to transpose arts 3 to 6, 8 to 14, 16, 17 and 18, 22 to 39, 41 and 43 to 50 into their laws by 14 January 2019.

The legislation that implements art 54 in the United Kingdom is a statutory instrument, namely The Trade Marks Regulations 2018 (SI 2018 No 825). These regulations were made on 9 July 2018 and come into force on 14 Jan 2019. There are 54 of them arranged in 5 Parts:
Part 1 (reg 1) General: Citation, commencement and interpretation; Part 2 (regs 2 to 33) Amendments to the Trade Marks Act …

Restrictive Covenants - Freshasia Foods Ltd v Jing Lu

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Jane Lambert

Chancery Division (Daniel Alexander QC) Freshasia Foods Ltd v Jing Lu [2018] EWHC 3644 (Ch)

The first intellectual property judgment of the New Year is Mr Daniel Alexander QC's decision in Freshasia Foods Ltd v Jing Lu [2018] EWHC 3644 (Ch) (4 Jan 2019).  The learned deputy judge seems to have made his order on 19 Dec 2018 after a hearing that had taken place the previous day but he delivered the reasons for his order on 4 Jan 2019.

The Dispute
Mr Alexander described Freshasia Foods Ltd. ("Freshasia") as "a UK registered company which supplies food products, particularly dumplings and sliced meats, to Chinese retail shops and restaurants." He added that it has between 100 and 200 employees, a turnover in the millions of pounds and about 500 customers in total in the UK and the EU. He noted that there are only a few employers in the industry, which is a very specialist market of frozen and packaged food sold mainly to international student customers.

Trade Marks: Jaguar Land Rover v Twisted

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Jane Lambert

Chancery Division (Mrs Justice Rose) Jaguar Land Rover Ltd, v Twisted Automotive Ltd,[2018] EWHC 3536 (Ch)

This was an appeal by Jaguar Land Rover Ltd. against Louise White's decision in Re LR, Twisted Automotive Lt.d. v Jaguar Land Rover Ltd.BL O/289/18  15 May 2018 to refuse that company's application to register the letters "LR" as a trade mark for various goods in class 12.  The application was filed on 23 Aug 2016 under trade mark number UK3191949.

The Opposition
By that application Jaguar Land Rover. applied to register those Letters for the following goods:

"Motor land vehicles; parts and fittings for vehicles; engines for motor land vehicles; wheels for vehicles; alloy wheels; wheel trims; wheel rims; hub caps for wheels; hub centre caps; wheel covers; wheel sprockets; arm rests for vehicle seats; luggage bags specially adapted for fitting in the boot of vehicles; car interior organizer bags, nets and trays specially adapted for fitting in veh…